Proctor Brant Blog


Contracts and Invoices: Do These Four Things to Get Paid Easier

How to Make Getting Paid Easier: The Four Things That Should Be in Every Business Contract

Getting paid is a critical part of doing business, but the effort that’s occasionally required to actually get paid can be frustrating at times. The strength of your customer relationships and your diligence in managing accounts receivable are paramount to getting paid. However, sometimes additional action – including legal action – can be required in order to secure payment. The good news is that there are certain contractual provisions you can put in place that will make the collection of overdue payments less costly and much easier for you.

Ideally, a written agreement setting forth payment terms should be part of every transaction.  That said, it’s useful to know that, generally speaking, a contract is not required to be in writing to be legally enforceable.… » Read the full post


Mechanic's Liens in Colorado

Understanding Mechanic’s Liens in Colorado: How to Use Them to Protect Your Interests

Perhaps you’re a contractor in Colorado who has completed some work at a client’s home, but you haven’t been paid for your services. Or maybe you’ve hired a contractor to make repairs at your home, but the repairs were either not made according to building codes or they were left unfinished. Or perhaps you hired a contractor and it failed to pay its subcontractors, who are now looking to you, the property owner, for payment. Whatever the situation, it’s important to understand what mechanic’s liens are and how they operate in Colorado.

A mechanic’s lien is a method created by statute that permits a person who has conveyed labor, materials or services to secure an interest in another’s property to encourage and enforce payment.… » Read the full post


Jesse Brant & Josh Proctor, Proctor Brant, P.C.

Help Your Attorney Help You: Tips for a Productive and Cost-Effective Legal Experience

Many, if not most, people go through life without seeing the inside of a courtroom or having to deal with a legal dispute. This is a good thing. Those who have not been so fortunate know first-hand that even a minor legal dispute can be expensive and disruptive. For businesses that have been around for a while, needing legal assistance is typically a matter of “if,” not “when.”

If you have no prior involvement in civil litigation, or if your past experience left you dissatisfied, here are some tips for a productive and cost-effective experience with your attorneys.

At Proctor Brant, we’ve found that when clients hire an attorney sooner rather than later, gather case-related information promptly, and communicate openly with their attorney, it typically leads to more positive results all around.… » Read the full post


Underage drinking: The Colorado Dram Shop Act

Colorado’s Supreme Court Provides Clarity on Social Host Liability Under the Dram Shop Act

For most parents, it is easy to imagine one’s college-aged son or daughter making a seemingly innocuous choice, i.e., hosting a party where alcohol is served, without giving much thought to the potential outcomes.  For a lawyer, it is similarly easy to imagine the grave consequences that could result from the decision to host such a party.  Those worlds came together in Przekurat v. Torres, a case arising from a serious car accident that occurred after the underage driver attended a college party where the hosts served alcohol.

In its Przekurat opinion, issued September 10, 2018, the Colorado Supreme Court clarified an important issue on social host liability under Colorado’s Dram Shop Act, holding that a social host who provides a place to drink alcohol must have actual knowledge that a specific guest is underage to be held liable for any damages caused by that underage guest.… » Read the full post


Colorado Litigation: A Summary of the September 2018 Changes to Colorado’s Simplified Civil Procedure Rule, C.R.C.P. 16.1

In April of this year, the Colorado Supreme Court adopted a revised version of Colorado’s simplified civil procedure rule, C.R.C.P. 16.1. The revised version applies to cases filed on or after September 1, 2018 and includes changes that will affect how common claims are litigated. From a defense perspective, these changes may have a significant impact on the investigation, evaluation, and preparation of civil cases for potential settlement and trial.

First, Rule 16.1 will continue to apply presumptively to most common civil actions unless the filing party’s attorney certifies that the value of the party’s claims is reasonably believed to exceed $100,000. However, under the revised version of Rule 16.1, this certification will be subject to C.R.C.P. 11. Under the current rule, a plaintiff who wishes to be excluded from simplified civil procedure needs only complete a perfunctory opt-out process, which is not currently subject to Rule 11.… » Read the full post


Stormy Daniels, NDAs & Lawful Contracts: Can a Legal Agreement Be Enforceable If It Has Only One Signature?

Sometimes the day’s political headlines can present legal questions with real-world implications for businesses across the country. The recent reappearance of Stormy Daniels in the news is a reminder of the ongoing non-disclosure agreement (“NDA”) controversy involving her and President Trump. As you’ll remember, this is a significant legal issue related to the enforceability of a contract that has not been signed by all parties.

Stephanie Clifford, aka Stormy Daniels[i], filed a lawsuit in California federal court alleging that the NDA between her and Trump is unenforceable because Trump did not personally sign the agreement. This happens to be a question pertinent to many businesses: Can an agreement be enforceable if only one party to the agreement signs it?… » Read the full post